If your accident is in part the fault of someone else, you may be able to sue for damages in a Common Law negligence claim.

A claim for damages can include compensation for:

• Pain and suffering & loss of enjoyment of life;
• Past loss of earnings; and
• Loss of future wages.

To sue for damages, you must have a ‘Serious Injury’. If you have a permanent impairment of 30% or more, you automatically have a Serious Injury. If your impairment is less than 30%, you may still be considered to have a ‘Serious Injury’ which takes into account the extent of your injuries and the consequences. Most ‘Serious Injury’ certificates we obtain are for clients with less than 30% impairment.

After you have been found to have a ‘Serious Injury’, court proceedings may then be commenced.

You generally have six years from the date of the accident to start court proceedings, although there are many exceptions. We recommend that you contact us to discuss your claim as soon as possible.

As of July 2024, the maximum amount you can claim in a Common Law claim is $2,156,750. If we believe the case is likely to be successful, in most circumstances we will pursue your claim on a ‘no win no fee’ basis. This includes paying for all out-of-pocket expenses, and unlike other firms, we do not require you to take out an expensive litigation loan.

Nervous Shock Claims

If a family member or another person suffers from a psychological condition resulting from the death or injury of another person in a road accident, a Common Law claim may also be made. These claims are capped at $2,156,750 as of July 2024.